United States v. Fu Jen Huang

MEMORANDUM *

The United States appeals the sentence of Frank Fu Jen Huang following his guilty plea to seven counts of conspiracy, trafficking in counterfeit goods, and manufacturing and selling counterfeit goods. The Presentence Report recommended a Guidelines sentencing offense level of 28 which provides a sentencing range of 78-97 months of imprisonment. The district court sentenced Huang to six months home confinement, five years of probation, and 2,500 hours of community service, and imposed a special assessment of $700.

We have jurisdiction over this appeal under 18 U.S.C. § 3742 (b) and 28 U.S.C. § 1291 . We review the district court’s interpretation of the Guidelines de novo, its application of the Guidelines to the facts of the case for an abuse of discretion, and its factual findings for clear error. See United States v. Kimbrew, 406 F.3d 1149, 1151 (9th Cir.2005).

Guidelines Calculation Error

Post-Booker district courts have the discretion to sentence individuals outside the sentencing ranges established in the Federal Sentencing Guidelines, but they still must take the applicable Guidelines range into consideration during sentencing. United States v. Booker, 543…